Associated Press Wed Nov 28, 2012 12:21 PM
HELENA, Mont. — A lawsuit seeking the removal of a Jesus statue near a Montana ski resort will go on after a national group of atheists and agnostics produced a local member who says he is offended by the religious symbol whenever he swooshes down the slopes.
The Knights of Columbus and four individuals had asked a judge to throw out the legal challenge because the Wisconsin-based Freedom From Religion Foundation had not named anyone actually harmed by the statue on federal land next to Whitefish Mountain Resort.
Without such a person, the Knights of Columbus argued, the foundation had no right to bring the lawsuit.
So the foundation found William Cox, an atheist who lives 15 miles from the northwestern Montana resort. Cox submitted a statement that says he frequently goes to Whitefish and has skied many times past the statue, which he considers religious and offensive.
That was good enough for U.S. District Judge Dana Christensen to deny the Knights of Columbus’ request Tuesday and to proceed with the lawsuit. A trial is scheduled for March.
Charlie Harball, the attorney representing the Knights of Columbus, said he had anticipated the judge’s ruling but he believed the motion to dismiss had compelled the atheists to produce a person as they are required.
“If we hadn’t filed the motion in the first place, we still might not have an individual named,” Harball said. “It’s kind of forcing people to do what they’re supposed to do.”
Attorneys from the Freedom From Religion Foundation did not immediately return calls for comment Wednesday.
The Freedom From Religion Foundation filed the lawsuit in February, arguing the U.S. Forest Service is unconstitutionally sanctioning the 57-year-old statue maintained by the Knights of Columbus. The statue was originally conceived by World War II veterans who saw similar shrines while fighting in the mountains of Europe.
Several out-of-state conservative and religious groups have pledged their support in defending the statue’s existence on its 25-by-25 foot patch of land, saying it represents the history and heritage of the region.
The Forest Service initially decided last year not to reauthorize a special-use permit for the statue, but reversed that decision and said its historic nature allowed it to remain.
Attorneys for the Forest Service said in court filings they had no position on the Knights of Columbus’ request to dismiss the lawsuit.